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Judiciary

Reassessment proceedings in violation of procedure prescribed u/s 148A(b) is liable to be quashed

April 12, 2023 3927 Views 0 comment Print

Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.

HC quashes GST notice issued in the name of a dead person

April 12, 2023 1935 Views 0 comment Print

GST order dated 3rd August, 2022 is quashed on the ground that the same has been issued in the name of a dead person.

Form No.10B filed late- Section 11 exemption denied – Date extended – HC grants stay

April 12, 2023 276 Views 0 comment Print

Grievance of petitioner is that benefit of Section 11 of Income Tax Act has not been extended to petitioner, which is a Charitable Society. The reason stated is that they failed to submit audit reports in time.

GST on Government subsidy – Advance ruling filed by recipient dismissed

April 12, 2023 720 Views 0 comment Print

GST on Government subsidy – Applicant is not a supplier of goods but is a recipient of goods. Thus instant application is not admissible.

GST Exemption for Printing Services to Educational Institutions: AAR Telangana Ruling

April 12, 2023 1608 Views 0 comment Print

Ruling by AAR in Telangana regarding GST exemption for printing services, such as question papers, OMR sheets, answer sheets, and marks cards, provided to educational institutions. Understand the classification, applicability of exemptions under specific notifications, and the composite supply nature of services.

TDS not deductible on payment for making use of shrink wrap computer software

April 12, 2023 924 Views 0 comment Print

ITAT Hyderabad held that payments made for making use of shrink wrap computer software wherein there is no transfer of any copyright nor grant of any commercial right to exploit it doesn’t fall within the definition of royalty and hence TDS not deductible.

Delay in receipt of review order not proved hence order u/s 129D(2) assumed to have been passed beyond 3 months

April 12, 2023 921 Views 0 comment Print

CESTAT Chennai held that appeal by department dismissed as time-barred as review order as required u/s 129D(2) of the Customs Act, 1962 assumed to have been passed beyond 3 months as no evidence produced proving delay in receiving review order.

Service tax cannot be demanded on reimbursable expenses

April 12, 2023 525 Views 0 comment Print

Issue is as to whether service tax can be demanded on reimbursable expenses. CESTAT held that demand cannot sustain & requires to be set aside

Levy of Property when Title to property is under dispute

April 12, 2023 534 Views 0 comment Print

Shaik Moulali Vs Sate of Andhra Pradesh (Andhra Pradesh High Court) This Writ Petition for mandamus is filed to declare the action of the 2nd respondent in levying property tax against the unofficial respondent No.3 in respect of the property in question, as illegal. 2) Heard learned counsel for the petitioner; learned Assistant Government Pleader […]

GST: Attachment of bank account of non-taxable person violates section 83

April 12, 2023 1197 Views 0 comment Print

Sakshi Bahl & Anr. Vs. Principal Additional Director General (Delhi High Court) HC held that based on facts and documents summitted it is clear that the petitioners are not taxable persons. The power under Section 83 of the Act, to provisionally attach assets or bank accounts is limited to attaching the bank accounts and assets […]

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